On appeal from defendant’s convictions for aggravated battery and aggravated unlawful use of a weapon under section 24-1.6(a)(1), (a)(3)(A) of the Criminal Code, his conviction for aggravated battery was affirmed in the absence of any challenge on appeal, his conviction for aggravated unlawful use of a weapon under section 24-1.6(a)(1), (a)(1)(A) was reversed on the ground it was void based on the decision of the Illinois Supreme Court in Aguilar holding that the statute was unconstitutional on its face, the order requiring defendant to pay for his court-appointed counsel was vacated due to the trial court’s failure to hold a hearing on defendant’s ability to pay, and the cause was remanded for such a hearing; further, the cause was remanded with directions that the trial court enter a judgment of conviction under section 24-1.6(a)(1), (a)(3)(C) of the Code and impose a sentence therefor.
Appeal from the Circuit Court of Sangamon County, No. 10-CF-268; the Hon. Leo J. Zappa, Judge, presiding.
Michael J. Pelletier, Karen Munoz, and Janieen R. Tarrance, all of State Appellate Defender’s Office, of Springfield, for appellant.
John Milhiser, State’s Attorney, of Springfield (Patrick Delfino, Robert J. Biderman, and David E. Mannchen, all of State’s Attorneys Appellate Prosecutor’s Office, of counsel), for the People.
Justices Knecht and Turner concurred in the judgment and opinion.
¶ 1 In April 2012, a jury found defendant, Johnathan Campbell, guilty of aggravated battery (720 ILCS 5/12-4(b) (West 2010)) and aggravated unlawful use of a weapon (720 ILCS 5/24-1.6(a)(1), (a)(3)(A) (West 2010)). In August 2012, the trial court sentenced defendant to concurrent terms of five years in prison.
¶ 2 Defendant appeals, arguing that (1) his conviction for aggravated unlawful use of a weapon is void because the supreme court has declared the provision of the statute at issue in this case unconstitutional on its face, and (2) the trial court erred by ordering him to pay for the services of court-appointed counsel without first holding a hearing on his ability to pay. We affirm in part, reverse in part, vacate in part, and remand with directions.
¶ 3 I. BACKGROUND
¶ 4 The facts are not in dispute. On April 27, 2010, defendant and another man attacked Zack Koehler outside of a Western Union in Springfield, Illinois, by hitting him over the head with handguns. Officer Michael Brown, who was on patrol in his police cruiser at the time, noticed the altercation. Defendant and the other man got into a vehicle, and Brown followed in pursuit. During a short chase that ended when defendant crashed into a light pole, Brown saw two handguns thrown out of the vehicle. After retrieving the handguns, investigators identified defendant's fingerprints on the magazine of one of the guns.
¶ 5 In May 2010, the State charged defendant with (1) attempt (armed robbery) (720 ILCS 5/8-4(a), 18-2 (West 2010)), (2) two counts of aggravated battery, and (3) two counts of aggravated unlawful use of a weapon.
¶ 6 In April 2012, a jury found defendant guilty of both counts of aggravated battery and both counts of aggravated unlawful use of a weapon but acquitted him of attempt (armed robbery). In August 2012, the trial court entered judgment against defendant on one count of aggravated battery and one count of aggravated unlawful use of a ...